Mecha Kyle Higginbotham (1799 - 1864)

Misterhigg@aol.com

In the Name of God Amen

I Mecha Higginbotham being possessed and entitled to wit estate separate and apart from my husband and wishing to dispose of the same do make this my last will and testament.

1^st. It is my will and desire that my husband and my son Thomas Higginbotham be comfortably provided during their lives as much as the means at my disposal will justfully allow and permit. And to carry out this – my first object – my whole estate is hereby pledged and all legacies hereafter given are to be construed and considered as subordinate to this my first object, and are to be postponed as to the time of their enjoyment – until that object is justly accomplished. No provision here made for my husband is not intended to vest in him any transferable interest, that will be left to executors.

2^nd. After the purposes in the first clause are accomplished and after the death of my husband, I give to Mary Ware the tract of land called the Miles Tract, and the tract purchased of Rodgers to be held by her for her separate use during her life and at her death to go to the heirs of her body for stirps. I also give her my side board

3^rd. I give to Fanny Ware my loom and side saddle and bridle.

4^th. I give to my niece Laura Ann Kyle five hundred dollars to be paid as soon as practicable after my death.

5^th. I give to my niece Bettie Walker Kyle five hundred dollars to be paid to her at the same time as the last above legacy.

6^th. I give to Mary R. Chick after the death of my son Thomas a Negro girl named Sidora or in case of her death another servant of equivalent value with the increase of my said girl Sidora .

7^th. I give to my niece Mary Jane Brown five hundred dollars to be paid at the same time of the above monied legacies to be for her separate use and not liable to the debts or contracts of her husband.

8^th. I give to my daughter in law Laura F. Higginbotham my wardrobe now and after the death of my son Thomas I give to her a Negro girl named Mary with her increase.

9^th. After the death of my husband and my son Thomas, it is my will that my estate of all kinds not hereinbefore otherwise disposed of I give and devise to the children of my brothers David and William and my sisters Pocahontas Turner and Susan Hudson to be divided equally among them and in case of the death of any of their children leaving heirs of their bodies such heirs to be entitled to receive what his her or their parent or parents would be entitled to per stirps.

10^th. I give to Bettie W. Kyle after my death my large bed, bed stead and furniture.

I appoint James Franklin my Executor. Witness my name and seal this 9^th December 1863.

Mechy Higginbotham {Seal}

Signed and sealed in our presence and in the presence of each other and in the presence of the testator witnessed the same.

James Higginbotham

Saml. M. Garland

I make this codicil to my will.

1^st. I give to my niece Bettie W, Kyle my woman Harriett and her youngest daughter Althia.

2^nd. I give to Mary R. Chick my clock, but it is to remain in my house until the death of my husband.

3^rd. I give to Mary Jane Brown my sugar chest.

Given under my hand this 24^th day of March 1864.

4^th. I give to Mary Jane Brown one cow and calf.

5^th. I give to my bro David Kyle one thousand dollars.

Mecha Higginbotham {My mark}

Teste

James Higginbotham

Auston S. Bowie

At a Circuit Court continued by adjournment, and held for the County of Amherst on the 29^th day of August 1864.

The last will and testament of Micha Higginbotham with a codicil thereto annexed was produced in Court, and proved by the oaths of James Higginbotham and Saml. M. Garland….

Home    Back